Non-compliance of order
loksloksloks
(Querist) 01 November 2014
This query is : Resolved
Hello Sir/Madam,
I have filed Petition of Restitution before 2 years. Under the same petition, I have also got an interim access order, however my wife is not giving an access of my daughter and whenever I go to pick up my daughter, she runs from home and does not give any access, not picking up my calls and not responding on my messages as well. I couldn't meet my daughter since last 5 months where I can access on Sundays at my home as per order.
I did send notice and filed Strike off Defence application due to her non complying order but she didn't come to court since last 3 dates. I tried to complain in Police but they are not ready to take complain and asking for court direction.
Can you please suggest how can I meet my daughter when my wife is not allowing to meet her.
Devajyoti Barman
(Expert) 01 November 2014
This is common with order of trial court.
Now you can approach the high court under contempt of court act to implement the order.
ATUL KUMAR
(Expert) 01 November 2014
You have to approach the same court and court can compel her to present before the court and if she does not comply with the order then the same court may take an appropriate action like stop the maintenance payment to her by you. But police can not do anything in this matter. Only court can do.
loksloksloks
(Querist) 02 November 2014
Thank you both of you!!
V R SHROFF
(Expert) 02 November 2014
MOVE HIGH COURT.
U WILL GET ORDER SO WITH POLICE PROTECTION, SHE WILL HAVE TO ALLOW UR VISITING RIGHTS.
ASK FOR ORDER TO BRING CHILD TO COURT COUNSELORS EVERY WEEK
loksloksloks
(Querist) 03 November 2014
@Mr. V R Shroff Sir ---
Thank you for your response.
I wanted to bring my daughter to home for an access so that I and my family can spend quality time with her that's what I had applied and struggling since last 1-2 year for the same, my daughter is 3+, as difference in our residence is just 15 minutes, whereas court premises is far (almost take 1+ hour).
Can high court consider it and allow me an access to bring my daughter at home due to non-compliance of order from my wife?
Can I apply for partial custody (few months in a year) of my daughter if wife is not giving access even after order?
Does family court allow to direct police to get access while picking up my daughter?
as when I asked police they asked me direction needed from court. and how does this really help as she runs away from home in the access time.
She is continuously failing to to give me access with unresponsive manner, in fact this is twice she failed to follow order, won't this help this to get me my daughter's access at home?
Thanks once again!
Guest
(Expert) 03 November 2014
Dear Author,Please while addressing the Experts that too Senior Experts Like Mr.V.R.Shroff you are advised to address them with due Respect.Please correct it by including Mr or Shri
T. Kalaiselvan, Advocate
(Expert) 05 November 2014
Your query was properly addressed by experts but even after getting satisfactory replies, you are posting the same query in a different manner by repeating almost everything as if you have not understood or posing it to be fresh queries. All your queries have the same answer.
Devajyoti Barman
(Expert) 08 November 2014
High court has power to implement the lower court order under cONTEMPT OF cOURT aCT.
loksloksloks
(Querist) 09 November 2014
Dear Mr. N.J.S.Rajkumar, I do agree with you, I am sorry, I didn't realize it in hurry. I do respect you all for taking time and responding my issues.
Dear Mr. V.R. Shroff Sir, Kindly accept my apology.
Thanks all!!
Guest
(Expert) 09 November 2014
I sincierely Appreciate your Attitude with Thanks.But Still Continuing the Same Please
Guest
(Expert) 09 November 2014
Once again Thanks For the Modifications as required and All the Best.
loksloksloks
(Querist) 09 November 2014
Thank you Sir! really appreciate your response
